`571.272.7822
`
` Paper 36
`Entered: April 9, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC., SAMSUNG ELECTRONICS AMERICA, INC.,
`and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`MICROGRAFX, LLC,
`Patent Owner.
`____________
`
`Cases IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732)1
`____________
`
`
`
`Before SALLY C. MEDLEY, RICHARD E. RICE, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`
`PARVIS, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`1 This decision addresses a consolidated hearing in three cases. Therefore, we
`exercise our discretion to issue one Order to be entered in each of the three cases.
`The parties, however, are not authorized to use this style heading in their papers.
`
`
`
`IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732)
`
`
`Both Petitioner and Patent Owner requested a hearing. Papers 33 and 34.2
`
`Both parties requested a consolidated hearing for IPR2014-00532, IPR2014-00533,
`
`and IPR2014-00534 to be held on Monday, May 18, 2015. Petitioner requested
`
`one hour of argument time per side cumulative total time for the three cases (two
`
`hours total). Patent Owner does not disagree.
`
`The requests are granted.
`
`A consolidated hearing for IPR2014-00532, IPR2014-00533, and IPR2014-
`
`00534 will be held on May 18, 2015. Each party will have one hour (60 minutes)
`
`of time (two hours total) for the three proceedings. The hearing will commence at
`
`10:00 AM Eastern Time, on Monday, May 18, 2015.
`
`Any representation made by counsel at the consolidated hearing is
`
`applicable to and useable in all proceedings which have underlying basis for the
`
`representation. The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing. The hearing
`
`transcript will be entered in the record of each of IPR2014-00532, IPR2014-00533,
`
`and IPR2014-00534.
`
`
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s patent
`
`claims at issue are unpatentable. Patent Owner bears the burden of proof to
`
`establish that it is entitled to the relief requested in the motion to amend filed in
`
`IPR2014-00532. Therefore, at the hearing, Petitioner will proceed first to present
`
`its case with respect to the challenged patent claims and grounds with respect to
`
`
`
`2 Citations herein are to paper and exhibit numbers in IPR2014-00532.
`Corresponding documents were filed in the other proceedings, in some cases using
`different paper and exhibit numbers.
`
`
`
`2
`
`
`
`IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732)
`
`
`which the Board instituted trial. Patent Owner will then respond to Petitioner’s
`
`presentation and also present its case in support of its motion to amend claims.
`
`Each party may reserve some time to respond to presentations made by the
`
`other party with some limitations. More specifically, to the extent that Petitioner
`
`reserves time, it may respond to Patent Owner’s presentation on all matters. To the
`
`extent that Patent Owner reserves time, it may respond to Petitioner’s presentation
`
`opposing the motion to amend claims.
`
`
`
`The hearing will be open to the public for in-person attendance, on the ninth
`
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia 22314.
`
`In-person attendance will be accommodated on a first-come, first-serve basis.
`
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`
`business days before the hearing. They shall be filed with the Board three business
`
`days prior to the hearing and the parties must initiate a conference call with the
`
`Board at least two business days prior to the hearing to resolve any dispute over the
`
`propriety of each party’s demonstrative exhibits. Any dispute over the propriety of
`
`demonstrative exhibits that is not timely presented two business days prior to the
`
`hearing will be considered waived. For guidance on what constitutes an
`
`appropriate demonstrative exhibit, the parties are directed to Paper 118 in CBS
`
`Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB October 23,
`
`2013).
`
`
`
`The Board expects lead counsel for each party to be present at hearing,
`
`although any backup counsel may make the actual presentation, in whole or in part.
`
`If lead counsel for either party will not be in attendance at hearing, the Board
`
`should be notified via a joint telephone conference call no later than two business
`
`days prior to the hearing to discuss the matter.
`
`
`
`3
`
`
`
`IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732)
`
`
`Requests for audio-visual equipment are to be made 5 days in advance of the
`
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
`
`received timely, the equipment may not be available on the day of the hearing.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732)
`
`
`
`
`For PETITIONER:
`
`John Phillips
`Michael Hawkins
`FISH & RICHARDSON, P.C.
`phillips@fr.com
`Hawkins@fr.com
`
`For PATENT OWNER
`
`Douglas Wilson
`Michael Heim
`Nathan Davis
`HEIM, PAYNE & CHORUSH, L.L.P
`dwilson@hpcllp.com
`mheim@hpcllp.com
`ndavis@hpcllp.com
`
`
`
`5